[Ord. No. 89-15 §1, 10-6-1989]
The Board of Aldermen of the City of Lake Ozark hereby declares
it to be the public policy of the City to eliminate discrimination
and safeguard the right of any person to sell, purchase, lease, rent
or obtain real property without regard to race, sex, color, national
origin, ancestry, religion, physical handicap and without regard to
whether a family has children. This Chapter shall be deemed an exercise
of the police powers of the City of Lake Ozark, Missouri, for the
protection of the public welfare, prosperity, health and peace of
the people of Lake Ozark.
[Ord. No. 89-15 §2, 10-6-1989]
For the purpose of this Chapter the following terms, phrases,
words and their derivations shall have the meanings given herein unless
the context otherwise indicates.
- AGGRIEVED PERSON
- Any person within the City of Lake Ozark who:
- DISCRIMINATION
- Any unfair treatment based on race, color, religion, national origin, ancestry, sex, age as it relates to employment, handicap, or familial status as it relates to housing;
- PERSON
- Includes one or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons;
[Ord. No. 89-15 §3, 10-6-1989]
A.
It shall
be an unlawful housing practice:
1.
To refuse
to sell or rent after the making of a bona fide offer, to refuse to
negotiate for the sale or rental of, to deny or otherwise make unavailable,
a dwelling to any person because of race, color, religion, national
origin, ancestry, sex, handicap, or familial status;
2.
To discriminate
against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, color, religion, national
origin, ancestry, sex, handicap, or familial status;
3.
To make,
print, or publish, or cause to be made, printed, or published any
notice, statement or advertisement, with respect to the sale or rental
of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, national origin, ancestry, sex, handicap,
or familial status, or an intention to make any such preference, limitation,
or discrimination;
4.
To represent
to any person because of race, color, religion, national origin, ancestry,
sex, handicap, or familial status that any dwelling is not available
for inspection, sale, or rental when such dwelling is in fact so available;
5.
To induce
or attempt to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, national
origin, ancestry, sex, handicap, or familial status;
6.
To discriminate
in the sale or rental, or to otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a handicap of:
7.
To discriminate
against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities
in connection with such dwelling, because of a handicap of:
B.
For purposes
of this Section, Section 225.040 and Section 213.050, RSMo., discrimination
includes:
1.
A refusal
to permit, at the expense of the handicapped person, reasonable modifications
of existing premises occupied or to be occupied by such person if
such modifications may be necessary to afford such person full enjoyment
of the premises, except that, in the case of a rental, the landlord
may, where it is reasonable to do so, condition permission for a modification
on the renter's agreeing to restore the interior of the premises to
the condition that existed before the modification, reasonable wear
and tear excepted;
2.
A refusal
to make reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling; or
3.
In connection
with the design and construction of covered multi-family dwellings
for first occupancy after March 13, 1991, a failure to design and
construct those dwellings in such a manner that:
a.
The
public use and common use portions of such dwellings are readily accessible
to and usable by handicapped persons;
b.
All
the doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by handicapped
persons in wheelchairs; and
c.
All
premises within such dwellings contain the following features of adaptive
design:
(1)
An accessible route into and through the dwelling;
(2)
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(3)
Reinforcements in bathroom walls to allow later installation of grab
bars; and
(4)
Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
D.
Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of paragraph (a) of Subdivision (3) of Subsection (B) of this Section.
E.
Where a unit of general local government has incorporated into its laws the requirements set forth in subdivision (3) of Subsection (B) of this Section, compliance with such laws shall be deemed to satisfy the requirements of that Subdivision. Such compliance shall be subject to the following provisions:
1.
A unit of general local government may review and approve newly constructed covered multi-family dwellings for the purpose of making determinations as to whether the design and construction requirements of Subdivision (3) of Subsection (B) of this Section are met;
2.
The commission shall encourage, but may not require, the units of local government to include in their existing procedures for the review and approval of newly constructed covered multi-family dwellings, determinations as to whether the design and construction of such dwellings are consistent with Subdivision (3) of Subsection (B) of this Section, and shall provide technical assistance to units of local government and other persons to implement the requirements of Subdivision (3) of Subsection (B) of this Section;
3.
Nothing in this Chapter shall be construed to require the Commission to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of Subdivision (3) of Subsection (B) of this Section.
F.
Nothing
in this Chapter shall be construed to invalidate or limit any law
of the State or political Subdivision of the State, or other jurisdiction
in which this Chapter shall be effective, that requires dwellings
to be designed and constructed in a manner that affords handicapped
persons greater access than is required by this Chapter.
G.
Nothing
in this Section, Section 225.040 and Section 213.050, RSMo., requires
that a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others.
H.
Nothing
in this Section, Section 225.040 and Section 213.050, RSMo., limits
the applicability of any reasonable local or State restriction regarding
the maximum number of occupants permitted to occupy a dwelling, nor
does any provision in this Section 225.040 and Section 213.050, RSMo.,
regarding familial status apply with respect to housing for older
persons.
I.
As used
in this Section, Section 225.040 and Section 213.050, RSMo., "housing for older persons" means housing:
1.
Provided
under any State or Federal program that the Commission determines
is specifically designed and operated to assist elderly persons, as
defined in the State or Federal program;
2.
Intended
for, and solely occupied by, persons sixty-two (62) years of age or
older; or
3.
Intended
and operated for occupancy by at least one person fifty-five (55)
years of age or older per unit. In determining whether housing qualifies
as housing for older persons under this Subsection, the commission
shall develop regulations which require at least the following factors:
a.
The
existence of significant facilities and services specifically designed
to meet the physical or social needs of older persons, or if the provision
of such facilities and services is not practicable, that such housing
is necessary to provide important housing opportunities for older
persons; and
b.
That
at least eighty percent (80%) of the units are occupied by at least
one person fifty-five (55) years of age or older per unit; and
c.
The
publication of, and adherence to, policies and procedures which demonstrate
an intent by the owner or manager to provide housing for persons fifty-five
(55) years of age or older.
[Ord. No. 89-15 §4, 10-6-1989]
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans, to deny a loan or other financial assistance because
of race, color, religion, national origin, ancestry, sex, handicap
or familial status to a person applying therefor for the purpose of
purchasing, construction, improving, repairing, or maintaining a dwelling,
or to discriminate against him in fixing of the amount, interest rate,
duration or other terms or conditions of such loan or other financial
assistance, because of the race, color, religion, national origin,
ancestry, sex, handicap, or familial status of such person or of any
person associated with him in connection with such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants,
or occupants, of the dwellings in relation to which such loan or other
financial assistance is to be made or given.
[Ord. No. 89-15 §5, 10-6-1989]
A.
Nothing
in this Section, Section 225.040 and Section 213.050, RSMo., shall
prohibit conduct against a person because such person has been convicted
by any court of competent jurisdiction of the illegal manufacture
or distribution of a controlled substance, as defined by Section 195.010,
RSMo.
B.
Nothing
in this Chapter shall prohibit a religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental or occupancy
of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference
to such persons, unless membership in such religion is restricted
on account of race, color, or national origin. Nor shall anything
in this Chapter prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides lodging
which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodging to its members or
from giving preference to its members.
C.
Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subdivision (3) of Subsection (A) of this Section, shall apply to:
1.
The
sale or rental of any single-family house by a private individual
owner, provided the following conditions are met:
a.
The
private individual owner does not own or have any interest in more
than three (3) single-family houses at any one time; and
b.
The
house is sold or rented without the use of a real estate broker, agent
or salesperson or the facilities of any person in the business of
selling or renting dwellings and without publication, posting or mailing
of any advertisement. If the owner selling the house does not reside
in it at the time of the sale or was not the most recent resident
of the house prior to such sale, the exemption in this Section applies
to only one (1) such sale in any twenty-four (24) month period; or
2.
Rooms
or units in dwellings containing living quarters occupied or intended
to be occupied by no more than four (4) families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his/her residence.
[Ord. No. 89-15 §6, 10-6-1989]
A.
There
is hereby created a Fair Housing Committee whose membership shall
consist of six (6) members, who shall be appointed by the Mayor of
the City with the approval of the Board of Aldermen of the City of
Lake Ozark, Missouri.
B.
Every
complaint of a violation of this Chapter shall be referred to the
Fair Housing Committee. The Fair Housing Committee shall forthwith
notify the person against whom the complaint is made. The identity
of the aggrieved person shall be made known to the person against
whom the complaint is made at that time. If the Fair Housing Committee,
after investigation, finds there is no merit to the complaint, the
same shall be dismissed. If the Fair Housing Committee finds that
there is merit in the complaint, in their opinion, then and in that
event, the Fair Housing Committee will endeavor to eliminate the alleged
discriminatory practice by conference and conciliation.
C.
If the
Fair Housing Committee is unable to eliminate the alleged discriminatory
practice by a conference and conciliation, then and in that event,
the Fair Housing Committee shall forward said complaint to the City
Attorney for handling. The final determination of whether or not to
prosecute on said complaint shall be left to the City Attorney.
[Ord. No. 89-15 §7, 10-6-1989]
A.
Any person
convicted of a violation of this Chapter shall be guilty of an offense.
B.
The City
Attorney, instead of filing a complaint in Municipal Court of said
City, may, as an alternative remedy, seek to have the alleged discriminatory
practices abated by an action for an injunction to be maintained in
the appropriate Circuit Court of the State of Missouri.
